State Of Washington v. Manuel Gonzales
198 Wash. App. 151
Wash. Ct. App.2017Background
- Manuel Antonio Gonzales was convicted by jury of bail jumping, obstructing a law enforcement officer, and resisting arrest.
- The State sought several legal financial obligations (LFOs), including a $200 criminal filing fee, $500 victim penalty, $100 DNA fee, and $1,500 attorney fees/costs.
- The trial court found Gonzales indigent and waived discretionary attorney fees/costs but stated it would impose statutorily required LFOs and heard argument about whether the $200 filing fee was mandatory.
- The court imposed the $200 criminal filing fee (along with the $500 victim assessment and $100 DNA fee) and entered an order allowing appellate review at public expense.
- Gonzales appealed only the $200 criminal filing fee, arguing the statute (RCW 36.18.020(2)(h)) is ambiguous and does not create a mandatory obligation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RCW 36.18.020(2)(h) creates a mandatory LFO | The State: the filing fee is mandatory under the statute | Gonzales: the statute is ambiguous; the word “liable” does not necessarily make the fee mandatory | The court held the statute unambiguously makes the defendant "shall be liable" and the $200 filing fee is a mandatory LFO |
| Whether trial court erred by imposing fee on indigent defendant | State: fee is mandatory regardless of indigency | Gonzales: mandatory imposition on indigent defendants is improper where language ambiguous | Court found no error; followed prior precedent treating the fee as mandatory |
| Whether legislative inaction undermines prior appellate interpretations | State: legislature did not amend the interpretation; inaction implies approval | Gonzales: argued statutory language differs from other mandatory LFO statutes | Court relied on legislative inaction post-Lundy to support mandatory reading |
| Whether appellate costs should be waived | Gonzales: requests waiver based on continued indigency under RCW 10.73.160(1) | State: may file a cost bill; court process will determine costs | Court deferred appellate-costs determination to commissioner per RAP 14.2 |
Key Cases Cited
- State v. Lundy, 176 Wn. App. 96, 308 P.3d 755 (Wash. Ct. App. 2013) (treated the $200 filing fee as mandatory)
- State v. Armendariz, 160 Wn.2d 106, 156 P.3d 201 (Wash. 2007) (statutory interpretation reviewed de novo)
- In re Det. of Coppin, 157 Wn. App. 537, 238 P.3d 1192 (Wash. Ct. App. 2010) (use of related statutes and context in plain-meaning analysis)
- State v. Krall, 125 Wn.2d 146, 881 P.2d 1040 (Wash. 1994) (the word "shall" imposes a mandatory requirement absent contrary intent)
- State v. Mathers, 193 Wn. App. 913, 376 P.3d 1163 (Wash. Ct. App. 2016) (noting burden of LFOs on indigent defendants but adhering to stare decisis)